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When an attorney's office takes a credit card number for a retainer, can they call the client when the retainer has been used up, leave a message on the answering machine telling the client they are going to charge additional fees on the card, and then do it without actually speaking with the client? Is this grounds for a bar complaint in the state of Florida? Thank you.

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Attorney answers (3)

Avvo Pro

Reputation Level 19
They should not charge your card unless you have allowed them to based on a the retainer agreement. What does the retainer agreement say about this. At this point, I would try to work it out with the attorney just to make sure it was not an honest mistake before contacting the state bar.
1 person marked this answer as good
Nicholas Chukwuemeka Okorocha
Nicholas Chukwuemeka Okorocha, licensed in California

Reputation Level 9
Unless the lawyer has a written contract signed by you allowing his firm to re-use your charge card whenever their retainer is used up, this is not a lawful act. Notify the lawyer IN WRITING that this is unacceptable, and notify your crdit card company that you dispute the charge. You shoud also request in writing copies of all the time sheets and expenses they have charged to you. This may also be something you should report to the Florida Bar. BEfore you do anyhing, however, check your contract with the lawyer. If there is something in there allowing them to do this you may wish to renegotiate the contract. In any event the way they handled this was not professional, and I would seek other counsel.
1 person marked this answer as good
Nicholas Chukwuemeka Okorocha
Nicholas Chukwuemeka Okorocha, licensed in California

Reputation Level 8
No. A lawyer has no authority to place additional charges beyond your agreed-upon retainer, without your authorization. Before complaining to the Bar, however, you should meet with your lawyer in-person and get his or her explanation regarding what was done. I cannot say at this point that you have grounds for a Bar complaint, because it would depend both upon what your contract with the lawyer says and the facts and circumstances regarding your lawyer's actions.
1 person marked this answer as good
Nicholas Chukwuemeka Okorocha
Nicholas Chukwuemeka Okorocha, licensed in California

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